| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
Availability Criteria |
|
Summary:
The claimant was receiving regular unemployment benefits when he reported that he was starting a course. The course would lead him to a certification as a gas technician. On December 2, 2009, an agent obtained further information from the claimant. He indicated that he had 40 hours per week of training/course of instruction and 10 hours per week spent on studies. He indicated that he was not available for and capable of the same type of work and under the same condition as before. He also confirmed that he would not leave his training course if it conflicted with a full-time job. The claimant’s onus was to prove that he was available to accept work without any restriction. He clearly did not do at least for the period from November 16, 2009 to January 30, 2010. According to the Umpire, the BOR appled the wrong test. The claimant was required to show that he was available to work at any time without any conditions that would limit his availability. Evidence that he would be available to work at irregular hours does not meet that onus. The Umpire concluded that the BOR erred in law and on the facts. The Commission's appeal is allowed by the Umpire and the decision of the BOR is set aside.
